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Child Born prior to your British Citizenship abroad

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Rah2017
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Passing citizenship to children if British by Descent

Post by Rah2017 » Wed Nov 01, 2017 12:13 am

Question 2

If you re british citizen and you have a child who was born prior to you attaning your nationality can the child be registered as a british citizen now after attaining the citizenship ? The child is 14 years old how do one get the child to this country ?

Rah2017
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Child Born prior to your British Citizenship abroad

Post by Rah2017 » Wed Nov 01, 2017 7:25 am

If you re British citizen through registration and you have a child who was born prior to you attaining your nationality can the child be registered as a British citizen now after attaining the citizenship? The child is 14 years old how does one get the child to this country?

So my uncle had a Pakistani nationality when his child was born but now through registration, he is British citizen? What can he do in order for his child to come and live with him ?

secret.simon
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Re: Passing citizenship to children if British by Descent

Post by secret.simon » Wed Nov 01, 2017 7:44 am

Rah2017 wrote:
Wed Nov 01, 2017 12:13 am
If you re british citizen and you have a child who was born prior to you attaning your nationality can the child be registered as a british citizen now after attaining the citizenship?
Was the child born outside the UK? Does the now British citizen parent have sole responsibility for the child, either by court order or by agreement with the other parent?

Typically, children born outside the UK are only registered as British citizens if both parents are British citizens or one is a British citizen and the other one is settled in the UK (has ILR/PR/Irish citizenship), unless the now British citizen parent has sole responsibility for the child.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Rah2017
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Re: Passing citizenship to children if British by Descent

Post by Rah2017 » Wed Nov 01, 2017 7:48 am

secret.simon wrote:
Wed Nov 01, 2017 7:44 am
Rah2017 wrote:
Wed Nov 01, 2017 12:13 am
If you re british citizen and you have a child who was born prior to you attaning your nationality can the child be registered as a british citizen now after attaining the citizenship?
Was the child born outside the UK? Does the now British citizen parent have sole responsibility for the child, either by court order or by agreement with the other parent?

Typically, children born outside the UK are only registered as British citizens if both parents are British citizens or one is a British citizen and the other one is settled in the UK (has ILR/PR/Irish citizenship), unless the now British citizen parent has sole responsibility for the child.
Yes the child was born outside the UK and at the time of his birth his father didnt have any british status. but now he is through registration. The mother of the child is a Pakistani and lives in pakistan whereas the father lives here with the first wife and i know polygmy isnt considered in the UK law thats why his second wife couldnt come? But as for the child how and can he be registered as a british citizen now ? if not how would he be able to enter UK to live with her father ?

secret.simon
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Re: Child Born prior to your British Citizenship abroad

Post by secret.simon » Wed Nov 01, 2017 7:48 am

Answered.
Rah2017 wrote:
Wed Nov 01, 2017 7:25 am
So my uncle had a Pakistani nationality when his child was born but now through registration, he is British citizen?
No.

What is the UK immigration status of the child's mother?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Rah2017
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Re: Child Born prior to your British Citizenship abroad

Post by Rah2017 » Wed Nov 01, 2017 7:50 am

secret.simon wrote:
Wed Nov 01, 2017 7:48 am
Answered.
Rah2017 wrote:
Wed Nov 01, 2017 7:25 am
So my uncle had a Pakistani nationality when his child was born but now through registration, he is British citizen?
No.

What is the UK immigration status of the child's mother?
She has a pakistani nationality ? if he cant be registered as a britain ? can he be sponsored what can be done for the child to come and live with her father?

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CR001
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Re: Child Born prior to your British Citizenship abroad

Post by CR001 » Wed Nov 01, 2017 10:32 am

Rah2017 wrote:
Wed Nov 01, 2017 7:50 am
secret.simon wrote:
Wed Nov 01, 2017 7:48 am
Answered.
Rah2017 wrote:
Wed Nov 01, 2017 7:25 am
So my uncle had a Pakistani nationality when his child was born but now through registration, he is British citizen?
No.

What is the UK immigration status of the child's mother?
She has a pakistani nationality ? if he cant be registered as a britain ? can he be sponsored what can be done for the child to come and live with her father?
Spouse/Child settlement visa, same as the child's mother would get. If mother is not coming to the UK, child won't get a visa either.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Passing citizenship to children if British by Descent

Post by secret.simon » Wed Nov 01, 2017 11:32 am

Rah2017 wrote:
Wed Nov 01, 2017 7:48 am
Yes the child was born outside the UK and at the time of his birth his father didnt have any british status. but now he is through registration. The mother of the child is a Pakistani and lives in pakistan whereas the father lives here with the first wife and i know polygmy isnt considered in the UK law thats why his second wife couldnt come? But as for the child how and can he be registered as a british citizen now ? if not how would he be able to enter UK to live with her father ?
The child most likely can't acquire a visa to enter the UK of the basis of the father, as s/he is the product of a polygamous marriage.
Polygamous / potential polygamous marriages: SET14 wrote: 6. SET14.6 Children of polygamous spouses

If a polygamous spouse is disqualified by the Immigration Act / Rules from entering the UK, any children he or she had by his or her spouse may not qualify for entry to the UK and should be refused under paragraph 296, depending on the circumstances and in particular the operation of the Legitimacy Act 1976 (see SET07 Children).
Immigration Rules part 8: family members wrote:296. Nothing in these Rules shall be construed as permitting a child to be granted entry clearance, leave to enter or remain, or variation of leave where his parent is party to a polygamous marriage or civil partnership and any application by that parent for admission or leave to remain for settlement or with a view to settlement would be refused pursuant to paragraphs 278 or 278A.
The sins of the father, etc, etc.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Rah2017
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Joined: Mon Oct 02, 2017 12:48 pm
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Re: Passing citizenship to children if British by Descent

Post by Rah2017 » Wed Nov 01, 2017 11:52 am

secret.simon wrote:
Wed Nov 01, 2017 11:32 am
Rah2017 wrote:
Wed Nov 01, 2017 7:48 am
Yes the child was born outside the UK and at the time of his birth his father didnt have any british status. but now he is through registration. The mother of the child is a Pakistani and lives in pakistan whereas the father lives here with the first wife and i know polygmy isnt considered in the UK law thats why his second wife couldnt come? But as for the child how and can he be registered as a british citizen now ? if not how would he be able to enter UK to live with her father ?
The child most likely can't acquire a visa to enter the UK of the basis of the father, as s/he is the product of a polygamous marriage.
Polygamous / potential polygamous marriages: SET14 wrote: 6. SET14.6 Children of polygamous spouses

If a polygamous spouse is disqualified by the Immigration Act / Rules from entering the UK, any children he or she had by his or her spouse may not qualify for entry to the UK and should be refused under paragraph 296, depending on the circumstances and in particular the operation of the Legitimacy Act 1976 (see SET07 Children).
Immigration Rules part 8: family members wrote:296. Nothing in these Rules shall be construed as permitting a child to be granted entry clearance, leave to enter or remain, or variation of leave where his parent is party to a polygamous marriage or civil partnership and any application by that parent for admission or leave to remain for settlement or with a view to settlement would be refused pursuant to paragraphs 278 or 278A.
The sins of the father, etc, etc.
Polygmy isnt a sin although the law may not recognise it! A husband takes a responsibility of the housland financially and all.
Dont know why Henry VIII created the Church of England so he could marry another woman because his last wife could only give him a daughter ??

Rah2017
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Re: Passing citizenship to children if British by Descent

Post by Rah2017 » Wed Nov 01, 2017 11:55 am

secret.simon wrote:
Wed Nov 01, 2017 11:32 am
Rah2017 wrote:
Wed Nov 01, 2017 7:48 am
Yes the child was born outside the UK and at the time of his birth his father didnt have any british status. but now he is through registration. The mother of the child is a Pakistani and lives in pakistan whereas the father lives here with the first wife and i know polygmy isnt considered in the UK law thats why his second wife couldnt come? But as for the child how and can he be registered as a british citizen now ? if not how would he be able to enter UK to live with her father ?
The child most likely can't acquire a visa to enter the UK of the basis of the father, as s/he is the product of a polygamous marriage.
Polygamous / potential polygamous marriages: SET14 wrote: 6. SET14.6 Children of polygamous spouses

If a polygamous spouse is disqualified by the Immigration Act / Rules from entering the UK, any children he or she had by his or her spouse may not qualify for entry to the UK and should be refused under paragraph 296, depending on the circumstances and in particular the operation of the Legitimacy Act 1976 (see SET07 Children).
Immigration Rules part 8: family members wrote:296. Nothing in these Rules shall be construed as permitting a child to be granted entry clearance, leave to enter or remain, or variation of leave where his parent is party to a polygamous marriage or civil partnership and any application by that parent for admission or leave to remain for settlement or with a view to settlement would be refused pursuant to paragraphs 278 or 278A.
The sins of the father, etc, etc.
And there are also conditons in terms of my uncle his brother was brutally killed in pakistan due to his religeon which left his wife at the hands society to treat her as they wish. therefore he married her and took the reponsibilty of her childern.

secret.simon
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Re: Child Born prior to your British Citizenship abroad

Post by secret.simon » Wed Nov 01, 2017 11:56 am

Idioms, metaphors and other figures of speech are sometimes lost in translation.

The meaning of the quote is simply that the future of childrens' lives is impacted by their parents' life choices (whether or not a sin).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Rah2017
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Posts: 36
Joined: Mon Oct 02, 2017 12:48 pm
United Kingdom

Re: Child Born prior to your British Citizenship abroad

Post by Rah2017 » Wed Nov 01, 2017 12:03 pm

secret.simon wrote:
Wed Nov 01, 2017 11:56 am
Idioms, metaphors and other figures of speech are sometimes lost in translation.

The meaning of the quote is simply that the future of childrens' lives is impacted by their parents' life choices (whether or not a sin).
Ok the child has no chance you re saying ? and is there anything that can be done to give it a try ?

secret.simon
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Re: Child Born prior to your British Citizenship abroad

Post by secret.simon » Wed Nov 01, 2017 12:10 pm

Can the Pakistani wife settle in the UK on her own (i.e. without sponsorship from her British husband), by means of a Tier 2 (work) visa?

As the husband is now British, perhaps he can look at the Surinder Singh route (moving to another EEA member-state, exercising treaty rights there and getting the child to join him there and then returning to the UK with the child). I doubt that EU law says anything about polygamy, so he can bring the child with him when he returns to the UK.

Be aware that the UK looks askance at the use of the SS route and may scrutinise the application in great detail. One possible reason for rejection can be that it is being used to get around the UK Immigration Rules. The longer the stay in the other EEA member-state, the better the chances of success, but of course remember that that option expires with Brexit.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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